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(영문) 울산지방법원 2019.08.09 2019고합141
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On November 2018, 2018, the Defendant requested “B,” a Chinese citizen, who became aware of during the study of the United States, to send narcotics, etc., to “C” Meet.

Accordingly, around December 3, 2018, “B” sent the hemp amounting to approximately 14.9g, including carbage, to approximately 14.9g, “D” and “B”, by air mail, to “B” and “B”. On December 26, 2018, the said marijuana arrived at the Incheon Central Airport located in Jung-gu Incheon, Jung-gu, Incheon.

Accordingly, the defendant imported marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. The application of mutual assistance investigation instruction (ten cases of detection of marijuana 10 marijuana 10), the request for approval of mutual assistance investigation (ten marijuana 10, the Ulsan mountainous district inspection), the report of analysis results, the investigation report (in the absence of a suspect and circumstances of his entry), each door-to-door receipt terminal photograph photograph, the request for a urine appraisal, the investigation report (A), the report of investigation (the signature of the recipient of an international special mail with marijuana knife), the application of Acts and subordinate statutes on request for appraisal;

1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the elective Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to the scope of recommendations (the determination of types) for the export, import, manufacture, etc. of narcotics crimes.

Title [Recommendation] Basic Field [Scope of Recommendation] Imprisonment with prison labor for two to four years (the range of Recommendation Sentence revised according to the applicable sentences] imprisonment for two years and six years to four years (the lowest limit of the applicable sentences in law) for two years and six years (the minimum of the applicable sentences in law).

3. Determination of sentence: The detection of narcotics crimes in the period of two years and six months of imprisonment, and three years of a suspended sentence, due to their characteristics;

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